PUNJABURBAN PLANNING AND DEVELOPMENT AUTHORITY Vs. DARSHANA DEVI

JUDGEMENT

(1.) This revision is directed against the order of the State Commission, Punjab dated 21.11.2016 in first appeal No.135/2016.

(2.) Briefly stated, facts relevant for the disposal of the revision petition are that petitioner opposite party in the year 2012 floated a scheme for allotment of 976 free hold residential plots in PUDA Enclave, Sugar Mill site, Badhala, District Mansa. The respondent being a disabled lady applied for allotment of plot under the category 'Disabled Persons' in the said scheme. Along with application for allotment, the complainant deposited 10% of the consideration amount i.e. Rs.90,000.00 as earnest money. The complainant was selected for allotment of 150 sq. yds. plot and was issued Letter of Intent dated 104.2013. As per the terms and conditions stipulated in the letter of intent, the complainant deposited a further sum of Rs.1,23,750.00 i.e. 15% against the consideration amount. The balance 75% of the consideration amount was to be paid in one go within 60 days of the issue of allotment letter or in six equated half yearly instalment along with 12% interest. The first instalment was to be paid one year after the issuance of the allotment letter. As per the stipulation, the possession of the plot was to be handed over to the complainant after completion of development work at the site or within 18 months from the date of issuance of allotment letter, whichever is earlier. According to the complainant, although more than two years have elapsed since the date of issue of letter of intent, neither the allotment letter has been issued by the opposite party nor the opposite party has been able to complete the development work at the site. Claiming this to be deficiency in service on the part of the opposite party, the complainant approached District Forum concerned with a prayer seeking refund of the amount paid by him with 18% interest p.a. besides cost as also litigation charges.

(3.) The opposite party in its written statement admitted having invited application for allotment of residential plots. It was also admitted that the complainant had applied for a plot of 150 sq. yards and she was issued letter of intent of allotment. It is further admitted that the complainant as per the terms & conditions has deposited 25% of total cost of plot and that neither the allotment letter has been issued to the complainant nor the possession of the plot has been issued. According to the opposite party, it has already allotted the work for development of the site to M/s Avtar Singh Construction Company. It is pleaded that after the completion of development work, the allotment letter would be issued to the complainant. The opposite party further pleaded that the complainant never applied for refund of money and if she is not interested in the scheme the opposite party is ready to refund her money as per the terms & conditions contained in the brochure and the letter of intent. The opposite party has also taken preliminary objection that there being an arbitration clause in the agreement between the parties, the jurisdiction of District Forum is barred.